Military Service and Polish Citizenship

At first glance, a Polish Jew who left Poland before 1951 and acquired a different citizenship is considered to have forfeited their Polish citizenship and cannot pass it on to their descendants. Many descendants of Polish Jews try to determine when exactly their father (or grandfather, great-grandfather) arrived abroad, and investigate when exactly they managed to receive a different citizenship. Upon discovering that citizenship was granted before 1951, they often give up hope of obtaining a Polish passport. However, in practice, military service and Polish citizenship—retaining or forfeiting citizenship—are more complex than they seem.

Even if you are a descendant of a Polish citizen who left Poland shortly after WWII, you may still be eligible for Polish citizenship, provided you submit a detailed application with all the documents proving your claim. It depends on the original Polish citizen’s age, the date of immigration, and the “military paradox” of acquiring foreign citizenship while still being eligible for conscription into the Polish army had they remained in Poland.

What is the Military Paradox Regarding Polish Citizenship?

Poland’s first modern citizenship law was enacted in 1920, shortly after Poland gained independence from Russia. The second citizenship law was enacted in 1951, a few years after the communist takeover of Poland. During the period between 1920 and 1951, the provisions of the first law were in effect.

Article 11 of the law states two seemingly contradictory things:

1. Anyone who acquires citizenship from another country loses their Polish citizenship.
2. Anyone subject to military service in the Polish army cannot acquire foreign citizenship and will continue to be considered a Polish citizen.

This created a situation where if a man of military age acquired citizenship in another country, that citizenship would not be recognized under Polish law, and thus his Polish citizenship would be retained.

Men in Poland were required to serve in the army until they were 50 or 60 years old, depending on the time period. Not everyone served until those ages, and some did not serve at all, but as long as a Polish man was of an age where he could be called to serve, his Polish citizenship remained intact, even if he obtained another nationality.

Maximum Military Service Ages:

• From 1918 to September 1, 1938: age 50.
• From September 2, 1938, to May 28, 1950: age 60.
• From May 29, 1950, to January 19, 1951: age 50.
• After January 19, 1951, it is no longer relevant for our purposes.

In other words, a Polish man who left Poland at an age when he was still subject to conscription could not lose his Polish citizenship, even if he obtained a second citizenship. This was despite the legal provisions intended to revoke Polish citizenship in such cases.

What Does This Mean Practically for Descendants of Polish Citizens who travelled abroad?

If your Polish father or grandfather emigrated abroad, they almost certainly acquired a new citizenship, which their descendants inherited. But did this acquisition of a foreign citizenship revoke their Polish citizenship? It depends on the date of their arrival and date of birth.

Military Service and Polish Citizenship – Key Points:

Let’s start with the simpler case: If your Polish grandfather left Poland after January 1951, a different Polish citizenship law was already in effect, and there was no longer any restriction on acquiring a second citizenship. Your grandfather retained his Polish citizenship, and his grandchildren are very likely eligible for Polish citizenship. For example, descendants of Jews who were forced to immigrate in 1968 need not worry about their ancestors’ Israeli citizenship affecting their Polish citizenship.

Another straightforward case: If your grandfather was born after January 1901 and immigrated before 1951, he remained a Polish citizen. He certainly obtained a second citizenship during a period when dual citizenship seemingly disqualified Polish citizenship. However, he was protected by the “military paradox” because he was under the age of 50, meaning he was still within the age range for military service, and thus his Polish citizenship remained intact (unless it was lost for other reasons).

On the other hand, if your grandfather was born before 1901 and before 1951, his Polish citizenship was revoked. But that doesn’t mean all hope is lost! If your grandfather lost his Polish citizenship, but your father had already turned 18, it is very possible that both your father’s and your Polish citizenship were retained. In such a case, descendants of the Polish grandfather may still be able to obtain Polish citizenship.

If your Polish grandfather was born before 1901 and immigrated before 1951, we will need more information to assess eligibility for Polish citizenship: when exactly your grandfather was born, when he immigrated to Israel, and when your father was born.

And What About Women?

Unfortunately, the military paradox did not protect women, even though women were required to serve in certain support roles during specific years. A Polish woman who acquired foreign citizenship before 1951 lost her Polish citizenship.

The Benefits of a Polish Passport:

After your grandfather fled Poland to come to the US or Canada or Israel or Scandinavia, why would you ever want to go back?

First, some descendants of Polish immigrants may wish to reconnect with their Polish heritage, live and work in Poland, a beautiful European country with blooming nature, a developing economy, rich cultural history and much more.

Beyond that, obtaining Polish citizenship based on ancestry allows you to hold a Polish European Union passport without the need to emigrate to Poland. The Polish passport, which is also an EU passport, offers numerous advantages. It grants freedom of movement across all EU countries without the need for a visa, as well as the ability to work, study, and reside in any EU member state with the same rights as EU citizens. Additionally, Polish passport holders are entitled to social benefits, including healthcare and education, and have access to the vast European job market, offering ample opportunities for professional and personal advancement. The passport also allows for visa-free travel to many countries worldwide.

Moreover, the passport is automatically granted to children born to those who migrated to Poland, and the process of applying for children outside Poland is much simpler once the parent has already obtained the passport.

Contact Immigration Experts to Obtain a Polish Passport

If your father, grandfather, or great-grandfather emigrated from Poland, whether before or after 1951, there is a strong chance that you, your children, and your grandchildren are eligible to obtain a Polish passport—an additional EU passport that can make traveling, working, and more much easier. [Partner_names] specializes in obtaining additional passports for US and Israeli citizens, particularly based on descent. Contact our experts to receive legal advice and assistance in obtaining Polish citizenship and a Polish passport.

 :  :

03-3724722

055-9781688

office@lawoffice.org.il